South Dakota Codified Laws 29A-6-422. Proof of insufficient other property to satisfy debts and obligations–Presumption
Current as of: 2023 | Check for updates
|
Other versions
In any action instituted by a creditor or personal representative of a deceased transferor, as specified in § 29A-6-421, the person instituting the action shall allege and prove that there is not sufficient other property standing in the name of the deceased transferor at the time of transferor’s death which is subject to and sufficient to pay said debts and obligations; provided that, if no petition is filed in court to probate the deceased transferor’s estate within thirty days from the date of transferor’s death, there is a presumption of evidence that the property standing in the name of the decedent at the time of transferor’s death is insufficient to pay transferor’s debts and obligations.
Terms Used In South Dakota Codified Laws 29A-6-422
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Probate: Proving a will
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: SL 2014, ch 133, § 22.